What is DWI DUI probation like in Texas? I spoke with my lawyer and I may get probation for my DUI first time. However I can't go two years with no drinking (sounds bad but just the way things are).
I won't drink and drive anymore that's for sure but can I settle with the DA for jail time instead of probation? Please help.
Here's what to expect from DWI probation. One of the conditions of probation in almost all DWI's in Texas is no consumption of alcohol. In Texas if you go on probation for a DWI then you get an underlying amount of time like 90 days in jail. That time is then "probated" so you don't go to jail. For example, 90 days probated for 12 months is the normal first time DWI probation. If you drink and get caught then you are risking going to jail for 90 days. Getting caught can be be another DWI but can also be by a urine test during probation. If you really can't stop drinking you might want to look at a jail time offer that might be say 10-15 days in jail. Many counties will let you do this time on the weekend if you make it part of the plea. I sometimes plea people to the minimum of 3 days in jail and no probation.
There are other concerns with a non-probated sentence such as making sure your DL is not suspended and the fact you will have to carry an SR-22 high risk insurance policy for 2 years.
One of the conditions of probation in almost all DWI's in Texas in no consumption of alcohol. In Texas if you go on probation for a DWI then you get an underlying amount of time like 90 days in jail. That time is then "probated" so you don't go to jail. For example 90 days probated for 12 months is normal first time dwi probation. If you drink and get caught then you are risking going to jail for 90 days. Getting caught can be by another DWI but can also be by a Urine test during probation. If you really can't stop drinking you might want to look at a jail time offer that might be say 10-15 days in jail. Many counties will let you do this time on the weekend if you make it part of the plea. I sometimes plea people to the minimum of 3 days in jail and no probation.
There are other concerns with a non-probated sentence such as making sure your DL is not suspended and the fact you will have to carry an SR-22 high risk insurance policy for 2 years.
The first answer given is complete on its face and is excellent. You can settle for jail time, but one thing to remember is, when you've done jail time on a charge, if there is ever a next time, the Court will generally see you in a harsher light than if you've done Probation the first time. Most courts increase the level of punishment with each successive conviction, so if you've already done jail on your first charge, there's little likelihood that you'll get Probation on a second charge later. Be aware of that factor when finally deciding.
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By the way, while Probation can be restrictive, it can be done if you simply follow the rules laid out for you.
Good luck.
First, in Texas if you are over 21, it is a DWI. If you are under 21, it is a DUI. You can easily get jail time. The amount depends on the prosecutor & the judge. Most of the judges in Houston will accept 10 days on a first time DWI. I am a bit concerned, though, because most DWI 1sts get a maximum of 1 year of probation - not 2. Either you had a bad wreck, very bad facts, or it isn't your first OR - sadly - your lawyer is just trying to get more money from you.
Talk with your lawyer about 9 months of probation (if you think you can do that) or jail time. Remember, if you take jail time, there is a loss of license that goes along with that. Most judges in Houston will not give credit for the license lost at the ALR hearing so it will usually be between 6 months & 1 year.
